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<br />J <br /> <br />SETTLEMENT AGREEMENT CONCERNING TEMPORARY <br />CONSTRUCTION LICENSES <br /> <br />TillS SETTLEMENT AGREEMENT CONCERNING TEMPORARY <br />CONSTRUCTION LICENSES ("Settlement Agreement") is made April 28, 2006 between the <br />A VS Ranch LLC ("OWNER") by the undersigned, its managing partner, and the City of <br />Pleasanton ("CITY"). <br /> <br />RECITALS <br /> <br />A. The OWNER and the CITY entered into an Agreement for Rights of Entry and <br />Temporary Construction Licenses ("Agreement") on November 22, 2002, in which the OWNER <br />granted to the CITY temporary construction licenses over certain lands described as Area 1 on <br />Exhibit A attached to the Agreement ("the Area 1 property" ) and as described as Area 2 on <br />Exhibit B attached to the Agreement (the Area 2 property"). <br /> <br />B. CITY disputed that OWNER owned the Area I property, contending that by <br />reason of a map recorded in 1896 that the Area 1 property had been dedicated as a public road. <br /> <br />C. The Agreement indicated that the parties were to meet and confer in good faith to <br />resolve ownership and compensation issues concerning the Area I property and to resolve <br />compensation issues as to the Area 2 property. <br /> <br />D. OWNER also allowed CITY to have an additional temporary construction license <br />over 36,350 square feet of OWNER's property for the purpose of grading, erosion control and to <br />accommodate construction equipment used to construct the residential lots that were being <br />developed as part of the CITY's golf course project, subject to the parties' meeting and <br />confening in good faith to discuss compensation issues concerning this square footage. <br /> <br />E. CITY has constructed on its open space property a detention pond which pond is <br />located near a spring on OWNER's property used for domestic purposes. OWNER has <br />expressed a concern that if the detention pond becomes contaminated or polluted by persons or <br />animals, OWNER's spring could be adversely impacted. <br /> <br />F. The parties have had the opportunity to meet and confer on these issues and by <br />this Settlement Agreement intend to resolve all issues concerning compensation and ownership <br />relating to Area 1 property and all issues of compensation relating to the City's temporary use of <br />the Area 2 propew and of the additional 36,350 square feet of OWNER's property. <br /> <br />NOW, THEREFORE, in considemtion of the following, the parties agree as follows: <br /> <br />1. OWNER shall qJlitclaim, transfer and convey to CITY all of its right, title and <br />interest which OWNER has in the Area 1 property. <br /> <br />2. For CITY's temporary use of the Area 2 property, for CITY's temporary use of <br />an additional 36,350 square feet of OWNER's property, and for whatever interest OWNER has <br />in the Area I property, CITY shall pay OWNER the total sum of Fifty Thousand Dollars <br />($50,000). <br /> <br />I <br />